Next we would like to call the district attorney's office.
You actually tend to. Treat.
Training technology as. Good as.
Little.
As. Counseling.
Became
a second. To get my gun. For Good morning. Mr
District Attorney. And those who were accompanying you thank you for coming even.
If you made state your name for. Wrecker in proceed with your testimony thank you
very much Mr Chairman and for the record my name is suffer Williams and I have the
honor of serving the city that we love as the twenty fourth district attorney.
Mr Chairman I'm joined today by to my left my first assistant Mr George Mosey and
to my right your left Jody Lobel who serves as our deputy for training technology
and special projects I also have many other members of our office that are here
hopefully if I can answer some of your questions I hope we will be able to support
me and get you the answers that you need I like to begin by just stating for the
record how faithful I am for the working relationship that we have with all the
Council specifically council president Clarke in this budget process this year has
been
a significant change and improvement I believe over the past I want to thank council
president Clarke and his budget staff I also want to thank Mayor Kenny and
his staff specifically Rob to go and Adams and Brian Abernathy it's been
a breath of fresh air working with them trying to address the needs of public
safety in our city and the needs of the district attorney and I look forward to
working with them in moving forward together as we try to protect our our city and
keep our city say does want to stop by saying that I appreciate and know all of you
very well respect all of you when we meet and talk all throughout the year so it's
an honor for me to be here on behalf of the six hundred men and women the district
attorney's office to talk about our office and our concern our unified need all of
us to keep our city as safe as possible I think it's appropriate it's nice to see
a district attorney who's out there streets with not only the community but folks
who've been elected by the community a you know seen first
a. You know what we're faced with don't want to day to day basis with thank balance
but you know I grew up in Cobb creek and I love being the D.A.
I'm trying to just be the best steward of the office I can be for however long I
have that ability to serve as
a district attorney so I thank you for saying that I think it's appropriate to
begin. My very good friend and counsel green began that one of his questions of
justice I'm sorry Judge Sheila was skipper of I gave her
a promotion by now but he started talking about the MacArthur Grant I think it's
appropriate in many ways for us to begin I think I see receiving the MacArthur
Grant is. One of the greatest recognitions and
demonstrations of. The public safety the criminal justice
partners in foot off you work together and how we're committed to public safety and
how we're committed to reforms in the criminal justice system. The amount of money
that we receive through the MacArthur grant itself is it's almost
a rounding error if you look at the city's entire budget but the fact that we were
selected after
a very rigorous process and that they believe that all the partners the police the
courts the public defender the prison commissioner all of us are committed to
reducing our prison population by approximately thirty four percent doing all that
we can to reform the criminal justice system I think really is
a feather in the cap of the city if it off and I just want to start by by bringing
that to everyone's attention but again criminal justice reform this is
a term we hear about
a lot lately council president Clarke has prioritize it and Mayor Kenny focused on
it well before he became mayor we hear President Obama and Speaker Paul Ryan and
many others discuss the need for reform could justice reform is not and should not
be
a scary concept it does not. Nor should it mean letting offenders out of prison early
for the sake of emptying our prisons it does not mean giving breaks to sex
offenders murderers or those who terrorize our communities with illegal firearms it
does not mean throwing taxpayer money at programs that demonstrate no evidence of
reducing recidivism criminal justice reform is something more profound the term
acknowledges that our system has flaws and that working together we can make it
better when the system is improved all those people who are involved and it benefit
for victims and improve system means more efficiency if you were delayed and
a greater likelihood that the perpetrators will be held accountable for less
volatile Fender's it means the greater likelihood of removing barriers to being
meaningfully employed for X.
Offenders generally means more and better programs designed to address their
criminogenic needs so they will be both help accountable for their conduct and
presented with an opportunity to get better and ultimately do better for taxpayers
it means
a better use of taxpayer dollars because if done right criminal justice reform will
reduce recidivism receive is
a reduction means less crime fewer victims robust re entry and ultimately
a better criminal justice system. It wasn't that long ago that I spoke with counsel
during my first budget testimony about the need for
a perform my help this book up that day smart on crime by
a California attorney general Kamala Harris. Seven years ago some of these
concepts seemed out of the mainstream. When
a small amounts of marijuana marijuana program give too much of
a break to pot smokers and lead to more illegal drugs on our streets how can we
have diversionary programs like the choice is yours in which potential felons could
be diverted into
a program. I mean we're resolving many of our misdemeanor cases by offering
specialized and tailored diversion just send
a message that we aren't taking crime seriously enough is
a stablish in an entire separate pretrial division from which all of our diverse
new programs would be overseen the best use of our limited resources why should why
would the district attorney be discussing second chances for nonviolent offenders
we've come
a long way people don't ask those questions anymore instead we're all talking about
further. But the pushing of criminal justice reform only tells part of the story if
only were that simple for at the same time we are unlike in years past grappling
with
a significant uptick in gun violence people are beginning to feel less safe and less
secure on our streets and we're also dealing with the scourge of an opioid epidemic
that options are dying at an alarming rate from heroin or prescription drugs in
other opioid overdoses Mr Chairman in twenty fourteen there were six hundred fifty
five drug related overdose deaths in Philadelphia nearly three hundred fifty
involve heroin. How frightening that the cycle for which. Can and often does
start from addiction to prescription pain medication. Think about all we have to do
contain gun violence contain
a heroin epidemic continue to hold our most violent offenders accountable make
people feel safe in their homes and communities encourage more second chances and
help out ride the city's infrastructure so the programs for those offenders with
criminogenic needs are good effective and available that's for all of us to do this
body my office and each of the entities coming before you today in budget hearings
so that we know where we need to go let's talk briefly about what we have been able
to do. During war Fender's out of the criminal justice system nearly forty
percent of our Mr minor cases are diverted out of the criminal justice system which
is
a tremendous increase since two thousand and ten diverting these cases that has not
negatively affected public safety within one year of completing
a diversionary program fewer than fourteen percent of those individuals were
rearrested. Within three years fewer than twenty five percent of these individuals
were rearrested consider that their real rest rate for those released from state
prison is sixty three percent. Resolved cases faster earlier
a new councilman Dom asked
a question about case resolution during the same time period misdemeanors are
dispose of much faster for more than seven months to less than four and
a half months we charge fewer people with crimes now in twenty ten we charged
twenty six thousand four hundred sixty seven misdemeanor cases and twenty fifteen
we charged eighteen thousand and ninety six a decrease of almost
a third. At the same time fewer cases are withdrawn we've had to withdraw fourteen
percent fewer Mr minor cases. We are also now holding more cases for court. Ruling
about seventy two percent about felonies for court and twenty fifteen in comparison
to sixty three percent in two thousand and ten. Nearly twenty percent about Downey
cases are disposed of well before trial through our somewhat one program that you
heard of earlier. Had these cases proceed to trial without early disposition
afforded by the smart rooms they might still be listed on court dockets it takes
a long time for
a case resolved by trial cases are continued for various reasons yet each listing
the defendant is brought to court if it costs rated victims and witnesses are
subpoenaed to appear police officers must attend court drugs and guns are tested by
a criminalistics experts and monies expended to list cases and occupy court time
small rooms Mr Chairman our fish and resolving cases early without the need for
long trial dates and attendant expenses reducing recidivism by successfully
diverting nonviolent drug dealers the choice is yours
a program that I. Tell people plagiarism is
a bad thing in law school plagiarism The great thing is the DA and I stole that
idea from Kemal Harris from when she was the DA of San Francisco.
Of those who ended up program sixty seven or eighty eight percent had
a graduation rate and only
a twelve percent rearrest rate of those twenty five who rejected our program
seventeen are two thirds have been convicted of a felony sixty percent have
a real rest rate five times worse than our graduates. Those graduates who have been
rearrested spin one hundred ninety nine days in custody those who rejected the
program and have been rearrested spent three thousand four hundred seventeen days
in custody therefore we've shown
a cost savings of at least three hundred twenty thousand dollars All this has
allowed us to focus on more serious and violent cases and we've succeeded look at
our conviction rate increase from twenty ten to twenty fifteen how massage is up
nine percent from seventy percent to eighty seven percent weight is up nine percent
from fifty five percent to sixty four percent the illegal gun possession is up
thirteen percent from fifty two percent to sixty five percent and Mr JENNER We are
saving the city money I am program saves the city and we about three point five
million dollars The choice is yours three hundred twenty thousand dollars bench
want
a court close to one hundred thousand dollars smog rooms the equivalent of eighteen
officers are on the street instead of in the courtroom which is at least
a savings of my hundred thousand dollars as
a result of our diversionary programs over one thousand drug cases were resolved
without ever having to order an analysis from our chemical add saving the city at
least another one hundred thousand dollars just as important this is reduce the
burden on the labs in terms of work hours needed to process backlogs we're thinking
outside the box in our battle against heroin overdose we're doing things that
prospers historically never done with the funding from the Pennsylvania District
Attorney's Association and in the pens Blue Cross we are assuming the major
responsibility for our drug Dropbox. Graham commissioner Ross has been integral in
the stablish ing and helping us maintain the program his staff every police
district has been unequivocal collaborative drug drop boxes are critical in our
fight against prescription drug abuse assault Mr Chairman you tweeted that this
weekend about people being able to turn in drugs on Saturday. County detectives are
collecting and transporting the collected drugs I make this point to emphasize that
we're doing so much more with every meaningful budgetary increase to date we've
collected about two hundred pounds of prescription medicines and things are brought
out of people's homes and cabinets we have our meds returned boxes at the first the
fifteenth the nineteenth the twenty second twenty fifth and thirty fifth police
district. Phase two will start very shortly will be adding the third fifth sixth
seventh twelfth fourteenth and twenty sixth with our colleagues at the District
Attorney Association we secured fifty thousand dollars in funding from Blue Cross
for the purchase also of the locks own kits which the police will be using on our
streets also from with Bank of vantage which is
a company in Conshohocken that has agreed to destroy of all these drugs that were
turning in. Propose funding request for the proposed fiscal year twenty seven
thousand general fund budget totals thirty six million two hundred ninety five
thousand seven hundred eighteen which is an increase of eight hundred thirteen
thousand five hundred four over fiscal year two thousand and sixteen estimated
obligation levels this increase will generally allow us to maintain current
staffing levels and cover salaries that have been covered by grants. The proposed
budget includes thirty three million three hundred three five hundred twenty five
in class one hundred which is an eight hundred thirteen thousand five hundred four
dollar increase over fiscal year sixteen again this funding will be mandated unit
increases and maintain current staffing levels. We appreciate this increase I can't
state that enough we appreciate the dialogue that we've had with the mayor's office
and the recognition that our office needs more resources I want to especially
acknowledge Brian Abernathy for working with first assistant George Mozy to ensure
the money that we were losing from federal and state grants would not. Hurt us and
that they were unsure that we receive that eight hundred thirty thousand dollars
you might ask why are we losing grant funding the state and federal governments
generally do not award rate funds for more than two years after that time period
they expect agencies to sustain grant funded programs out of their congregants. If
a budget were merely adjusted for inflation from fiscal year zero five our budget
would be one million dollars higher than what it is in the proposed budget. And I
brought
a chart to demonstrate that Mr Gregg Rove was the chief of my legislation and
policy unit will do his best Vanna White and person nation.
And so again the police prisons and Sheriff budgets are far higher than if their
budgets were merely tracked for inflation the police fifty nine million dollars
higher prisons twenty four million dollars higher and the share of two point four
million dollars higher. Since two thousand and nine the D.A.'s office has had the
lowest percentage budgetary increase twelve percent of any other public safety
agency sheriff's budgets increased thirty two percent police twenty four percent
fire seventeen percent prisons seventeen percent the average increase since two
thousand and nine for promote justice agencies twenty one percent. Well we do with
additional funding. Of folks deterrence expansion our fight against gun violence.
In collaboration in conjunction with our partners especially the police. With
a prostitute in seventy five thousand dollars we would have an additional two
assistant DA is into detectives to work on reducing gun violence in our city.
Expungement I know many of members of counselors want to do as much as we can to
help individuals get their records expunged which is
a step beyond just banning the box since we do not object to the vast majority of
expungement petitions we can review law petitions if we had more bodies approx one
hundred seventy five thousand dollars allows
a two additional A.T.A.'s and one clerk reviewing these expungement petitions
what's petitions being reviewed means more expungement will be granted faster. In
this endeavor we all agree the process has to be right. Equally important funds for
retaining staff I understand the budget is tight I've been hearing that from
counsel for the past seven years and I understand but the city has
a significant number of priorities including helping to adequately fund our schools
which is the greatest crime prevention tool assistant D.A.
Is leave the office because they don't like their jobs because law firms typically
pay
a significant amount more than we can will never be able to match the salaries of
the firms but any increase so the best and brightest in my office can receive even
a modest Bob to keep up with the rising cost of every day life will help us keep
those who are committed trained in our programs and philosophies and know what it
is to be smart on crime Mr Chairman members of council I'd also like to speak
briefly about
a lot of vision which is something most people go even understand or think of when
they think of when they watch Law and Order I wouldn't take them out. And recognize
the great work of
a lot of vision consisting of assistant district attorneys who often get the least
recognition because their work is primarily to defend the convictions of our office
they are writers researchers and advocates before our power cords they are bright
thoughtful and inquisitive and work very hard to ensure convictions are sustained.
They help create appellate law explain the nuances to the courts and at the end of
the day ensure that our crime victims have
a voice an advocate in our superior Commonwealth supreme and federal courts that
institutional knowledge at these assistant district attorneys have is impressive
and invaluable their knowledge of the law is not something that is learned
overnight it is
a deep knowledge from years and years of research writing and other experience they
understand the most complicated areas of the law they're able to use their
commitment and intellectual skills to ensure that the guilty such as murderers and
rapists remain behind bars many of these individuals could end up at big law firms
making
a lot of money but they have stayed true to public service and their commitment to
the city if an offer so Mr Chairman and members of council we've come
a long way in seven years we still have
a very long way to go I remain excited and committed to us fighting best practices
from all over the world to help make Philadelphia the safest city for all of us to
live work and play with that Mr Chairman and in accord with the wishes of the
president of counsel we've submitted an overview of our budget and lots of charts
and with that I'll take any questions you may have three. Thank you for your
testimony you said I could make
a request that these charts if you could email them to the chair so we can get them
out all counsel certainly as I figure you know we there you make
a compelling argument when the disparity in resources is force
a rate of return it you know what world. Trying to accomplish within it. You know
having or having your part in the criminal justice system. So and So with
that with that being said you know that I'm just sitting here listening to your
testimony and and look at the charts and you started off by knowledge and what
a great recognition it is for Philadelphia to receive the record. Just the the
recognition of what we're what we're trying to do and. It's just you know.
And I also recall when you first you know were elected into office and then it is
settled your team and. Campaign against you or living by beats mortal crime
and that is exactly what this recognition is about with with the MacArthur with the
MacArthur agreement putting together the criminal justice system it's a tally for
a for
a longer term approach to reduce you know our recidivism rate or general population
rate in our prisons as well as increase and or diversionary programs
which you it's been a priority of yours for
a long time they'll in your budget testimony you had mentioned that you would like
to improve some some of the other diversionary program components could you maybe
touch on that
a little bit because I think it all goes into play on what we're you know how we're
all working together certainly to Certainly Miss Cheriton that again the MacArthur
Grant I think embodies and personifies how well the
Criminal Justice advisory board and all of the public safety agencies and fluffier
work together. And yes I read and two thousand and five in two thousand on
a platform of us being smart on crime in
a lot before all that which is readily all these numbers Obst knowing. And as you
know in December of two thousand and nine the fluff Enquirer Craig McCoy Nancy
Phillips published
a series justice delayed denied dismissed and it chronicled this veer dysfunction
across the board of the fill up your criminal justice system with that as
a backdrop and with all of us working with the municipal budget in freefall we
began working together to do all that we could to make the system better and I
think that the MacArthur Foundation is recognition demonstrates how of the hundreds
of cities that apply they saw that commitment was the most
meaningful and the truest and were the receipt of the award. I really believe that
we being smart of crime doesn't mean that we're soft and criminals so we have to do
all we can Jodi sitting next to me when I became the D.A.
We triple the number of people not trying cases in the court but just those that
are in the room reviewing all the paperwork to ensure that we only charge the right
people that we only charge them with the right crimes there was
a lot of tension at first when we did that law people were mad that we were
reviewing cases in that way but was the right thing to do and we've as you heard
significantly almost eight times increase the number of diversionary programs that
we have now are here in Philadelphia everything we have Veterans Court reheard of
dawn court you heard of the choice is yours I have a program with community court
a community college or instead of sending someone to jail with
a felony we're going to send them to community college so the truth is yours as an
example I've spoken with Councilman green about possibly different funding sources
but if we were to send someone to state prison Mr Chairman for
a year costs about forty thousand dollars. And the failure rate the recidivism rate
as you heard that sixty. Three percent get rearrested within three years of their
Rio their release so from a left wing let's get something done to
a far right wing return on investment perspective what we're doing is failing the
choice is yours a program in which we take individuals that could go to jail for
a minimum of one year for the sale of illegal drugs on our streets and instead of
sending them to prison we teach them life skills right don't get another tattoo on
your eyelids pull your pants up show up on time they get literacy training and work
ready training for jobs that are necessary in the economy of Philadelphia and if
they successfully complete the program as a chairman their records. Will just drop
a case we expunged their record and so this is
a significant case because about four thousand dollars
a year to operate. I'm very thankful that Jerry led fest and moderate lend fest led
fest Foundation began by giving us one point four million dollars to get started we
received another I think close to four hundred thousand dollars from the way in
Penn foundation but I truly believe this is something that new small government and
the state government should fund at that four thousand dollars per person we could
save a lot of lives. By an increase in the choice is yours program but we have
a lot of other programs amp one amp to all these other programs we want you know of
the Sam programs small amounts of marijuana where instead of trying these cases and
clogging the courtrooms we're trying to address the criminogenic needs of these
individuals so don't come back to court so don't read victimize others and all this
is saving the city money on top of promoting public safety so being crease as your
You're just describe it for soft skills and correct and some other components to
diversionary programs to produce to recidivism say that sixty. Three percent or
back in the system correct three years so all that is that occlude expungement you
would you imagine that you know so we're working know many council people I know
councilman Johnson and my councilman councilman Curtis Jones Jr often contact me
and want to do more working with the bar Susi ation work with the barristers
Association to put on expungement clinics and we are definitely supporters of that
so that people who have had their cases thrown out of corn or withdrawn prosecution
or world quitted I would have
a great opportunity to have those records expunged the step as I said earlier
beyond just banning the box which I know passed through council recently and so
we've asked it would be helpful so that we could cut down the backlog we can review
more of those cases if we were having an additional one hundred seventy five
thousand dollars but allow us it higher to radiational clerk just to handle those
expungement in
a much better and more efficient way you agree that your chair recognizes counsel
on the board. Thank you Mr Chairman and good morning good morning I want to. I want
to talk about. The economics crime unit which is one that I worked very
closely with as
a staffer here for fifteen years in this body but before I did that I needed to
foot it record give
a special shout out to great who I became working with during his tenure in the
rebel ministry share with them
a detour of reporting over the last the Stilton guns when we were able to push for
that historic vote on the floor when we were working on the passage of House bill
twelve sixty four which was actually signed into law and allow the experts to
testify cases of sexual assault. Obviously the attention was after the same
dusky child receives so much attention and I just needed to say thank you to him
for the record from the economic crimes unit prospective how many more years do we
have assigned to that unit. First let me thank you for recognizing great row I have
the opportunity I just I was six hundred the greatest people and Greg Rowe who was
achieved by legislation policy unit there's
a phenomenal job the District Attorney's Association Pennsylvania who is comprised
of two people that would go to Harrisburg as you know from your history as
a state legislature Greg wrote in this actually Marcus you may do
a phenomenal job on behalf of all Pennsylvanians but I want them to also work more
with counsel as ever you have ideas about public safety issues to contact best food
and help you we have an economic crimes unit which is in our investigations
division has
a chief Lisa Caulfield and I believe we have. About four assistant
district attorneys are assigned to the economic crimes unit they handle all types
of cases ranging from cases in which elders are being scammed in many ways cases
often in which there's about fifty thousand dollars or more in controversy where
someone is trying to steal a deed of a property and they do
a lot of great work I get
a lot of crazy e-mails from people who've said that I may have inherited
a million dollars you might get some of those too and every time I did those
e-mails I for them to economic crimes units because they're often are
a pattern or people that are trying to prey on people but they do
a lot of great work on economic crimes unit that number that she just gave fifty
thousand dollars and that was in regards to. I'm really concerned about the
issues associated with home contractors and while you know familiar obviously with
the Home Improvement consumer protection. Its relevance to the civil remedy right
we have seen an influx particularly with. The issues associated
specifically with
a mortgage product called for support Yes and during that hearing we heard
a lot about home. Contractors but they talked about the low to low down
amount so my question to you is what does that unit coordinate with that was not on
the prosecution. Side they communicating and coordinating so that with the senior
Law Center and is there
a limit to what the amount of the contractor for all is that would chigger our our
our department to then pursue prosecution so the easy answer is yes in the dead
Nixon is an assistant district attorney or economic crimes unit she handles the
majority of our elder abuse cases. Comes to economic abuse and
so yes she works with the corporation for the aging and older Law Project
with that I want to find out about working with Ellen I also but if you find
there's a pattern there's often a things that we will put before
a grand jury or we will conduct an investigation with the major crimes unit of the
food off your police department to get to the bottom of it. The fifty thousand
dollars threshold is just something for that new bit of smile as if there's ninety
nine cents in controversy and there's
a crime office will prosecute it will be handled by one of our geographic units as
opposed to the economic crimes unit Mr District Attorney if you can I would be very
interested in getting an overview of the prosecuting cases that
the economic crimes unit has worked on from the out the city and I appreciate your
referencing the regional offices and the role that they play but if we could have
sent to the council president and over
a citywide overview and then have them based on your regional locations or if it
was done by counsel Matic district obviously that would be great this fall for us
and I'll come back. During the second right now because you mention
a pattern but our challenge is sometimes whether or not the contract
or. The contract is so low let's say
a thousand dollars or fifteen hundred dollars what I'm hearing from constituents is
that the A man is so low right that that it is not sort of be him prosecuted and
they are being referred to the to the A.G.'s office which is why I'm bringing it up
all right and Councilman I think part of that is that when it comes to our charging
the police have investigated the question comes down to is it
a civil matter or was actual chronic clearly it could be consumer. Protection
issues that aren't criminal that they have civil remedies and that's something that
the attorney general's office handles in their consumer protection bureau but I
will definitely get back to you and maybe set an appointment so that amp Ontario
who is here with me she was the deputy of our investigations division which has
oversight over our economic crimes unit and Curtis Douglas who is currently the
deputy between the knowledge of those two may be sitting and meeting with you and
your staff members or I counsel hearing on doubt that I think would be very
worthwhile thank you and thank you Mr Chair for for your leeway but again it would
be great to have from
a city perspective those specks in those numbers thank you Mr Chip Thank you
Councilman councilman. Thank you Chairman greenly And good morning Mr District
Attorney for sorority don't you look pretty good by the way considering it
a boxing match this week yeah I do best I can and my my my head is still ringing.
As a great cause so it's good to have
a few quick questions for you. The first was
a tendon orientation my first I think was January or February of this year yes we
had
a great orientation was that twenty five or six district attorneys in that room very
informal It was the best orientation I had to have any department in the City thank
you and you guys did do
a really good job so that was what the commend you on the record for the job you
all of you were doing and I will say this The choice is yours and the way I
understand the numbers on the choice is yours which is
a great program and that we should fund whatever is needed is that of course the
ballot four thousand dollars per person
a year that's correct and the savings is about forty to forty four thousand forty
three thousand cars approximately thirty five to forty thousand dollars to house
someone in the state of Pennsylvania correctional facility but these are people
there would have gone to state prison I only cost about four thousand dollars which
is less than what it cost to run it in San Francisco it was up five thousand
dollars per involved individual there and we have
a great partnership with Jeb's they provide the majority of the services of the
Pennsylvania prison society and we work with
a lot of great partners to provide the training to help these individuals and
clearly it has significantly reduced recidivism of these individuals and made them
productive Philadelphians So the other benefit there were maybe should really also
focus on you mentioned it is that not just the economics today but it's then they
don't have a record they can get
a job they can become productive they can pay taxes and all those benefits spinout
are huge correct because the most part if you have
a felony conviction counts and Dom It's almost an economic death sentence you can't
get a job with this gives an apt that opportunity to not only just not serve
a year in prison but to become
a productive employee able Philadelphians. And then you might appreciate taxpaying
Philadelphians I do appreciate that how much money do you think you need for this
program from the city. Well you know I would love to scale it up if we had two
hundred people in it
a year before thousand dollars per person. So you need eight hundred thousand that
would be
a great start and I'm also trying to lobby. Secretary Wetzel to pay for those who
were caught in
a Catch twenty two in that I'm very thankful to the former commissioner drawer and
the word of the prison they've given us fifty thousand dollars the last two years
to operate otherwise we could not have continued it were the catch twenty two and
that these individual yes they would have gone to state prison but Secretary Wetzel
believes that they will spend
a lot of their time Howell's in county own state rude prior to being sentenced
that many of them never would have gotten to stay in prison and then we're being
told by the county that will it's
a state sentence the state should pay for because we really someone should pay for
it and not only the private sector I'm very thankful for
a Jerry and Margaret Lynn Fest in the wind pen foundation but I really believe that
this is something that the municipal government and the state government should
fund because clearly it makes
a difference for public safety and in the lives of those young men and women that
are graduates so I don't know them I don't know the process Mr Chairman but I'd
like to go on the record that I'd like to see us as
a body on this program the fullest that's needed it's it's the best investment we
can make and make sure that the district attorney in this office has the monies to
fund these programs for ever so
a couple to it one last comment I will say to you I wanted remember this when you
take one idea it's plagiarism when you take many ideas it's research there we go OK
Anyway thank you thanks very much I lose much research as possible but I have to
remember that one OK thank you Coutts I tell some jokes. Thank you Mr Chair and.
Still Good afternoon Mr District Attorney. Thank you for being
a part of the justice continue. Trickle part. C.J.'s intricate part of justice in
the city of Philadelphia. You have a hard job you're not
a social worker I get it your job is to protect the public and sometimes you know
that it means locking people up so having said all of it there are
a couple of areas that. I would like to get your feedback on
a couple of years ago when the budget I made
a big deal about witness protection. We fought for and got
a few additional money in the budget it was. In recent
months we had
a rash of murders and some of those people were. Related not related
Actually to me but through acquaintance I knew I mean I got to sit down to dinner
tables up into
a cool parts of what happens really when these things happen and it was I
openly to save lives she cannot read about reports and statistics and they are not
as graphic as the pain of the mother so now having said that one of the issues that
came up was witness protection. And that the young lady that testified
before can not at Johnson's gun violence hearing talked about
graphically have. Youth that were around her son that was murdered.
Were in fear of their life and even at times where hesitant to come forth as
witnesses because there's not
a note of. Insulation protection I don't know the proper word
to safeguard people who have to go right back into
a great community and what her testimony said that I shall in the same place
the killer of my son's mother shops I worship two blocks away from the block where
these young. Thunder Cats congregate so it's not like it's
the giant ocean that they can hide in ritzy small in the North Philly area
particular which up about two blocks over one block up and
a lot of kids so haven't we had what would give me
a synopsis of the state of witness protection and what to what degree does that
imply it just is and conviction rates and so forth and then finally what we can
do to help in that regard because with out witness protection there is no justice
because unless you rely on cameras only which is
a good thing we've invested in them but it is not the only thing that is needed for
a salad conviction high not to try to tell you your business but for me outsiders
observation this is scary. So first I want to thank you for your continued support
for witness protection and witness relocation I want to thank you for constantly
setting up meetings between myself my office and. The housing authority issue
almost two every year to address this I just want to start off by saying you
started by talking about just the personal. Context not just the numbers every
morning the first thing I read I get all my i Phone The statistics of the shootings
in the homicides from overnight but beyond that you know the most difficult thing
for me about being the D.A.
Is the emotional toll of meeting the family members of
a victim from the Amtrak derailment meeting and going to the funeral for the young
girl who was getting her hair braided on the front steps in South Philadelphia and
she was shot. And having to go to the Temple University trauma center when Officer
Robert Wilson the third is
a lying there and then declared dead in front of all the family members that is the
most difficult part is the actual meeting people and you know many occasions as
you've said you've contacted me personally about members and constituents of yours
people that you know people from around the state has contact you because they were
afraid. And almost invariably every time I've been put you in touch with Jen Selter
who's the chief of my homicide unit so that we can get the right services as
quickly as possible for those people the state of witness protection and witness
relocation in Philadelphia is better than what it had been which is still nowhere
what it could be people think of the movie My Blue Heaven where you are that you're
a witness to something and then you get moved off to our zone and you get
a new identity and you get
a middle class lifestyle in our zone or it's not it's not how it happens and it
often at and often at most lesser in the mob at most we are
fortunate to have
a great relationship with the top housing authority and if you're living in
a property in Westwood up you you my good move somewhere north of. We are
very fortunate however as
a result again of the justice delayed and I dismiss we saw with the great rate of
cases that were being thrown out. Of felony court they weren't even being held for
court because of witness intimidation so that was one of the reasons why I asked
the courts to work with us and to bring all of the courts not having clear hearings
out of the police district which you think might be safe but they weren't saying
bring them to the Criminal Justice Center. And also allowing us to have indicting
grand juries so since about twenty twelve we have taken about sixteen hundred cases
before the indicting ranjoor cases in which victims and witnesses came forward and
said they were being threatened they were being intimidated almost every homicide
case in Philadelphia there's witness intimidation. So we are now bringing those
cases instead of. Doing
a long term like the normal investigation upon our hearing we're putting those
cases before the indicting grand jury which protects the victim or the witness from
having to confront you refer to them. THUNDERCAT Is that how you were address and
being confronted by the defendant and his friends in the courtroom having them take
pictures. Just as Renee sorry Judge Renee Will Hughes was fundamental in creating
a book for the judges to understand how to identify people that were being
intimidated threatened in the court when people are taking pictures posting them on
Twitter as as rats on Facebook I'm doing all of those things has allowed us to hold
more defendants accountable now through the use of indicting grand jury the funding
that we get for the witness relocation protection is primarily through the
transportation to and from court often in some situations when we put people in
hotels in or around the city best that still problematic often we have people who
we put in these put notes out they invite friends from the neighborhood to go to
the pool so we try to do as much as we can but I think
a lot of it is every step of the way and identifying people are earlier who are
being threatened. Charging people. For witness intimidation and publicizing
that do all those things I think has made
a difference again additional funds would allow us to find better ways to keep
these people safe through the use of county detectives. For
a more meaningful way so I might even encourage some of the guys one and
colleagues on the public safety committee to look at our sliver of
Justice to see how we kid ants protection I again
the brave souls that walk over there see right and they won't back to that
community ready to go back and we produce forty six of us and sixty street right in
so that consulate not to mention the set of elevators that you have to ride up with
someone to defend them and some of us are in the sheriff's department has done
a good job as sporting people apple we need to evolve this concept
a witness protection if we could and. I'm going to come back on one of the next
round to talk about the Fed's wherever he goes with that as well we issue for my
constituents so I'm going to pass and pass off to my colleagues but you can team up
OK. For that I'd look like OK thank you cancelling the chair recognizes
councilwoman Bess. Thank you is
a chairman. Good afternoon at work I'm well how are you just got back from Penn
State will be having the oh OK. You have it well this weekend I thought you were
you know doing the box something and for three it was Saturday draws from only
Sunday but been Sunday evening through Tuesday I was at leadership training for the
district. Association State College Pennsylvania OK. Well many people listen I go
way back to our days they can stay together from Temple University. But we
have had
a long history and I think that overall I do want to give you accolades and.
You know what recognize the work that you have done as the district attorney I can
only tell you that the staff of the D.A.'s office has been extremely professional
in my dealings with it's an outstanding staff overall and I have you know I have my
own incident where I was rear ended by
a you know alleged drunk driver went through
a process and I have to say the D.A.'s office handle it they handled it with such
a level of professionalism. You know they were calling me way more than I was
calling them to give me updated information and I really appreciated it and I just
wanted to let you know that if you're on the record about that because I think it's
important to recognize folks when when they're doing the right things and when
they're doing good things. But there is something else that I want to mention to
you know that we've had
a number of conversations about this which is the number of.
Number but three employees in particular. Who by the way same Safina can stand so
and Blessington who have had some issues before and scandal and
we've talked about this we talked about this last fall we talked about it last
winter I believe we talked about it earlier this year and here we are in the spring
talking about it again and it's just
a little bit frustrating actually now Will been
a whole lot frustrating that we still have to continue to have these conversations
and it puts me in
a mindset that no matter how much great work you do and you do great work no matter
how much good work you do it is diminished. If we continue to employ people who
have received some cases circulated racists pornographic and homophobic e-mails
and I think that. You know in twenty sixteen I don't even think we should be having
this conversation I think it's outrageous that we're still here still having these
kinds of conversations that started really. With your release statement
once the finally before Labor Day for twenty three pm. You released
a statement saying that these employee employees were going to receive sensitivity
training. Did nothing happen. You know we continue to press along
with now National Organization of Women and
a number of other women's groups and then we were told in late November that they
had received sensitivity training so
a couple of months went by before anything was done and as I understand it the
sensitivity training wasn't even sought until
a week prior to it actually occurring. And then after that there was still.
You know some delays and then. Really December we were made aware. Of the
transferred employees were. Transferred to different units and so I wanted to get
an update from you because I was told last conversation I had with your office I
was told that there were going to be some additional changes and requested the
employment status of those employees and wanted to find out what has happened so as
I understand it Frank seen there was transfer from Special Investigations to civil
litigation as
a fine Special Investigations to appeals and Blessington from insurance far too
post conviction something and I just wanted to see if those employees are still
with the district attorney's office yes they are OK. And they're still in those
units that they were transfer to yes so you have another question and I mean or
whatever you know expanding your Certainly So I want to say that you
know I'm not here to defend the practices at Governor of course of the attorney
general's office or the atmosphere or the tenor of the tone the culture of that
office that allow people to do what was going on at that time I think it is your
right you have every reason to be upset rational and reasonable people should
expect more from civil employees but as the
C.E.O.
Of the thought just return his office I had to ascertain what my employees did if
they did anything while they were in the employ of the city of Philadelphia which
they had not to these individuals were merely the passive recipients of ignorant
and offensive emails five years prior when they had worked at another place of
employment and so my position after
a very lengthy and I think exhaustive internal investigation was that it can't be
the standard that we fire employees for having received ignorant and repulsive
e-mails years prior and I We looked at the behavior of them and our office if
they'd done anything similar which they had not and so but you're right I made the
initial decision and then after speaking with you after. Reviewing and listening to
the concerns of former councilman task go in and others and speaking to other
members of council I said you know there's something to what they're saying and
there are their feelings and we need to do a little bit more and so we did
a little bit more and I really I came out then I said you know we need to ask the
attorney general because the standard again we have two very respected members
abaya Supreme Court who were merely passed. Recipients of the same exact e-mails
were not asking them only by asking them to step down turny general herself her
sister were also recipients of the same
a new terminal sister for these things so again I have to see what's in the best
interest of our Office of the people these are three individuals that definitely
made an error in judgment but have had tremendous careers as public servants have
a tremendous body of experience and wealth of knowledge that we just can't get by
jettisoning them off and just hiring somebody at
a law school so I understand how you feel and I feel in many ways the same but as
the district attorney I have to evaluate the facts and be the individuals not just
something that the street is hand not on the corner and really think about what is
going on who are these people what's the best thing for them me to do for them and
public safety in the city and as
a result of all that I came out later my SO I demanded that the attorney general
release all ten thousand e-mails not just you know twenty one e-mails that these
three guys got and the two of them are merely passive recipients but let me just
say
a couple things so the first the stat you know for me this is really this has nothing
to do about with Kathleen King you know quite
a bit in the street any of these other outside players this is really about these
three individuals who work in the district attorney's office right now with
taxpayer dollars and the fact that some of the e-mails that were circulated
included. You know I have he said African-American woman even in five chicken you
know and of course you know what
a caption beneath it that was demeaning integrating three African-American young
black women. Related to as or referred to as the new Three Stooges.
And of course as the Hot Ghetto Mess and then there's the one with the person
rather with
a bucket of fried chicken because you know we are. Chicken I guess. So but you
understand what I'm saying I'm offended by these e-mails and so somebody sends me
something that I'm offended by I will e-mail them back and say simply this in
a. Measure resign of the Senate to you did they did they stop the e-mails they did
not stop the e-mails did that and they say they were set up to make this in they
stand in
a position where they have to make judgments they make judgments on whether cases
are going to try out they make decisions or people spates every single day in those
previous positions that when the new positions do they make the same judgments so
now Frank Farina is in our civil litigation unit so he helps represent the district
attorney's office when people have seen fit to sue the office or to make Freedom of
Information Act request. He had been in charge of the criminal division that the
attorney general's office so this is
a significantly different responsibility. Mr Christan to have been the chief of our
special investigations unit handling police involved shootings
a long term investigation so him he's now an appeals unit significant difference
different responsibility but not handling an open criminal cases but I spoke with
you you were concerned about these people listening and having impact over.
Justice for people who have open cases for their liberty so I listened to you and I
made changes after having spoken with you and other members of counsel and Mr
Blessington is in our post conviction relief act unit which is also in our lot of
vision just reviewing cases in which people have made claims after they've been
convicted and Halley in those cases in appellate court and post conviction court so
I think that there are responsibilities I listen to you and other members of
counsel and I think I acted accordingly at the same time I stand by my position
that today it cannot be the standard it will not be the standard in my office that
I will terminate people for being recipients of e-mails five years prior when their
work experience in the district attorney's office has been nothing but exemplary.
OK I hear what you're saying I disagree much disagree I think that these e-mails
are just you know I don't know how many people have seen them but to see them to
talk about them is one thing to see them as something completely different and I
have to admit before when I heard about the emails you know I just thought I would
just possibly you know. Something that's not so nice to look at or you know
whatever but when I actually saw it was circulated by these legal professionals it
was beyond offensive and I did expect that my district attorney would do something
about it and that it wouldn't require meetings press conferences all of these
conversations over and over again fresh reports in
a newspaper I did not think it will require that it has required to get any sort of
action whatsoever because as I mentioned you said on the Friday before Labor Day
twenty fifteen at four thirty pm which makes it appear that it's
a story day one could think nobody paying attention nobody's looking right now
everybody is off to the sure do or whatever they're doing for the Labor Day holiday
and so at that point it says that when they receive sensitivity training. Over two
months later they receive that training and that's only because of
a press conference I believe that's only because of
a press conference that we had the week before which we called on their resignation
because nothing had been done thank you no we do so again we can agree to disagree
on this matter I still. Appreciate you allowing members of my staff to work
in your office for our community action center in your office I think it's
a tremendous work and
a collaboration between us as we begin the press conference that press conference
press release actually was based upon when the attorney general had released
information I conducted
a very thorough investigation Oh yeah I think she really said this we can. That's
a very thorough review of as
a documents I take. That this was really let me say this is the reason. I say
this conference on
a Monday people are upset that I had on that Monday because if we did
a bad day because they won the national to get the national championship I was
trying to you know dump it is going to do with their always be second guessing I
understand that but again would have to agree to disagree on how we handled this
matter I believe again yes the e-mails themselves were offensive but the question
for me was what to do with these three employees that had. Were part of
a culture at the attorney general's office where they were told to use their
government e-mails for personal e-mail use where there were no policies against the
use of this type of stuff unlike And so if you already have it you know use policy
where people are allowed to use these e-mails for personal sharing of information
personal e-mails. Those things you know I think that we had
a very thorough process and I don't think that terminating these career prosecutors
for what they did while they were in the attorney general's office when their
behavior was the sharing of these offensive e-mails was appropriate Mr Chairman.
Thank you have here on our way over so thank you for your character Mrs Centum
agree. A chairman. To study waves I want
to follow up on some questions for gardening The choice is yours and it is
a conversation this afternoon. Regarding that as well as the MacArthur Grant and
Councilman talk about some additional funding for that program but I also
understand that through the MacArthur grant that may be funding for that program as
well so can you maybe provide more mation based on your understanding of what
dollars may be coming to the office for recidivism in the choice is yours based
McArthur great so again. It was meant to be Justice advisory board all the
partners and for the if you get through the A word of the MacArthur Foundation is
phenomenal the three point four million dollars However as I said earlier said well
you know allowing air when you were to look at public safety is funding for the
C.F.L. About the public safety it's been
a quarter of the city's budget. Of wood squad by three billion dollars. But no
none of the money from MacArthur Foundation is going towards the choice is yours
and I'm very upset about that but they say the goal of this grant really is to
reduce the county prison population and the people at the last
minute. Believe that these are individuals that should be in state prison and so as
a result of that additional funds were defunded that we were going to get from
MacArthur I am thankful to say though that the Pennsylvania commission on Crime and
Delinquency which is chaired by McGovern the county commission chaired Josh has
granted us two hundred thousand dollars for the choice is yours we're very thankful
for that I'm very thankful again for former commissioner and the new president
commissioner was just she was just sworn in. For the fifty thousand dollars that
they have given us but this is a drop in the bucket for
a program that if expanded would take
a lot of cases out of the quote house would save the taxpayers money and most
importantly would promote public safety by reducing recidivism reducing. Continued
victimization. Thank You Notes one thank you up to spending on hearings every head
earlier. This month why is it less month in reference to autism not somewhere in
this as well as your stepping about in the social impact of the areas that we had
trying to identify this no funding for the choice is yours thank you there's been
some conversation earlier in the year during the budget process for God insurance
and the conversation back and forth during the hearings that Councilman
Johnson account when Jones said regarding these gun violence and want to get some
perspective from you regarding the truancy issue I've seen some communications back
and forth I want to get some perspective from your reference to the initiatives
that you want to undertake work on choices certainly And again I want to start off
by saying I'm of the biggest supporters but Dr Height after I put my glasses on I
walk down the street people confuse me for Dr Height and so I want to stop I think
and I think. A big city in North these with infrastructure problems like we have
some of the toughest jobs in the second most difficult jobs I would assume and I'm
perceived as being a superintendent of a school district in
a large work eastern city like I was with the family tax structure that we have in
the third of our population living at or below the national popular vote so we were
not in any way trying to be combative you know with the crowd and his staff but the
issue is councilman that. I was to cystic Sen We were being told by
documentary doc that Ackerman was
a close to fifty percent of the public school students in Philadelphia were
graduating. And we do know from our statistics that if you have
a high school dropout you're about eight times more likely to go to state prison
and tragically councilman twenty times more likely to be
a homicide victim. So I believe that we have to do every we can to reduce
troops see. Again. Pre-K.
Is by the greatest thing we can do to prevent crime but do whatever we can after
that to reduce truancy to keep the city safe and so I believe with the WE CAN I DO
know that there's
a pattern of Human Services and we quit work right. Provide out of
tremendous and school district provide great services for families to reduce
truancy better counseling Don we do I do plagiarism because research and what I
found in San Francisco were Dr Ackerman had been the superintendent so I became
a De Lay Doc Ackerman was
a superintendent when she was the superintendent of the Unified school system in
San Francisco. Introducing true A-C.
Was come out of this effort of small crime so I traveled to San Francisco
prior to becoming the D.A.
To meet with us and her staff to see what could we do to replicate this achievement
in reducing truancy in San Francisco and the many great things we're doing here but
one thing that they did there the Dr Ackerman one best to do here was what they did
in San Francisco was what I hope we can do here and for that as
a last step. After everything else has failed at the child has remained quietly
truant for two years. Have the school give us the name of the child the address
of the Guardian and the name of the Guardian for us to them for. Today.
You might not know it but Derek is chronically truant please contact Principal
Skinner within two weeks. Fear to do so or result in further consequences
and there is and where they found
a second sister about ninety five percent of the people that got that letter
contacted
a principal so the school could then provide school based community based court
based. Children Youth Services based services because when the elementary
school student is chronically truant It's not that first graders decide decided to
stay home and stay for ten days at
a time there's some sort of dysfunction in the house or that has to be addressed to
the parent is using that child as
a good thing for younger siblings there could be other issues in the home that
could be abuse there could be some sort of addiction problem we have to get to the
root cause of the problem My guess is not to create an entire week at the prison at
the guidelines of kids who are chronically truant but to be
a parent or with the school district for them to use us as they have it pay you can
get at that goes through another letter. And you do not respond to Principal
Skinner. You have ten days from today still to respond to district attorney Debbie
just returned from her is about to NOT addition. Do So result in further action and
that's only if there is a good to do that will create
a. Problem sat in court in family court where there is
a. Most egregious cases of chronic Tracy for elementary age school students.
With endangering the welfare of a child that would bring in front of
a specific judge designated by family court crews here. Those cases. And then
provide them with services and if the child then came off the rails as having been
chronically truant again to expunge their record so the good that is to this.
For the school district to use to reduce truancy so I will be there with them in
this and we have created this partnership and collaboration with many charter
schools and it's been very successful there the values of my discipline Bill Quick
both the colloquy between I'm your office and the school district it was
a minus ten a position
a school district that they're not allowed by law provide information to you and
that they would need I guess for lack of better work readily pressure this or this
or to provide information from your perspective that correct or not and so I
provided the very next day I walked over to Councilman cannot Johnson's office
a copy of what they cited which is focus. And I took them but since I'm
a state secret I have an educational. Rights your doctor just can't give out
information and I wouldn't want the school just
a random we give out. Information about
a child's health records the child's. Is there any issues that you know
there's a real profile reason for the genesis of for
a. House for and between the school district
and force me and so we want them to follow for as they do in San Francisco and
I'm disappointed he is in California around the country just to give us the limited
information out of the kids grow we get the grades of the kids that we. See court
but we just want to go for these kids in
a chronically truant the name of the individual the God and address so we can send
the responsible party
a letter but George Mosey who's my first assistant was for years. Twelve years the
deputy. Drew Nobby's I asked him to give
a little more detail to that. So to speak George Burns the need for system.
So much disagreement between us in the school district about the interpretation of
my Remove allows them to appoint
a law enforcement entity and that easily could be
a school district police the school district police would then have the ability to
share information. With another enforcement entered and that requires the
development of
a memorandum of understanding and them oh you know if the school district wanted to
share with us what amounts to criminal justice and for NATION which is what transom
is true it says a summary offense they could easily accomplished within
a mile you. I'm sorry. For something I said.
Was coming to days off for the church but I was corrected that somebody is going to
jabs for their support. Staff exact amount.
Of questions. Thank you Karen. State for the record before we
proceed with the questioning it seems like there's
a lot more members in the queue. Other departments are here for their budget
testimony we will be taking
a short recess and following questioning. Testimony here with the district
attorney's office so with that being said Chair recognizes councilman Councilwoman
good. Afternoon for your district attorney well it's
a pleasure and you know what we're looking forward to working closely with you is
negotiate out some of these areas especially around to see that there's lots of
issues that need to be worked out
a lot of concerns and my hope really is. We are wants to see
Seriously it is very important that it's not. Children into
a criminal system too quickly too fast without understanding that they're what's
going on and I'm sure you and I will have lots of discussions about that maybe for
a Before I get into some of the questions I did want to say I wanted to
reiterate what councilwoman bass was talking about in terms of concerns the three
staff members and. You know I. Understand that your resolution on this
issue is is what it is but I really hope that your. Office does not
excuse behaviors that are. Deemed offensive and shocking and
off the charts in terms of what was what was disseminated and received on
official e-mail because there was no policy on it I don't think that's an excuse I
think professional individuals we understand when we're looking and viewing things
you know they are not personally offensive to tell someone they have some civility
is that every individual who. You know operates in
a functional society frankly and takes their job very seriously and at the heart of
it is the need for
a justice system that's rooted in trust and trust in our and our prosecutors to
exercise strong judgments on issues when many women and people of color have often
felt that they cannot be heard or viewed on on an equal footing whether that is not
something you obviously in your position or why did you eat your employees in that
way but for many in the public they will not know that and it is so important that
our. Public Servants be held to the highest standard and that respect and my hope
would be that. It's not just
a matter of sensitivity training for individuals on an issue that's you know those
things were just too shocking to even imagine that sensitivity training was was the
issue that was it's more that we need to know that there are proactive policies in
place from the D.A.'s office that proactively refuse issues to sexist racist.
Homophobic other types the things that ensure that this does not happen that you
are vigilant and proactive about it and that these are policies that you clearly
establish with me thank you. To you to clarify that again councilman So thank you
and I think it's very. You're correct and we are extremely vigilant at the district
attorney's office to ensure that that type of behavior does not occur in our office
workplace or by employees through their social media when they're off duty we have
very very strict policies in our office we have very we have leadership training
for all of our supervisors monthly we talk about these issues every month and we
have very very strict policies so I think it's appropriate because many readers of
the newspapers or blogs or people that might be watching this on television home
today might think that these employees did it while they were working for the
district attorney's office and that we did not have policies about these issues
that is not the case they were employees of the attorney general's office under
Governor Corbett when he was the attorney general and they lacked the oversight
they had
a poor culture that allowed these types of things to happen so I think it's very
very important to recognize that this is not something that's happened under my
watch at the district attorney's office or something that the culture of this
return his office would allow We have very very strict computer use policies social
media policies anti-discrimination policies and so on harassment policies that we
work in accord with the law to pardon of the city to ensure both of the legality
and the judge Justice is being meted out for the victims witnesses and our
employees on
a daily basis so thank you for doing this me to clarify that yes thank you and just
letting you know that Councilman bass is not alone and establishing the fact that
whatever the culture of an office may be the concern remains that individuals can
exercise judgment at every given point in time and the critical need for that
judgment to be exercised that sense of them thank you very much thank you
Councilman The chair recognizes counsel. Thank you very much. Chairman.
I wanted to I wanted to to get your thoughts on on drones. The
reason it comes up is and it is because we have been talking about for
a while security cameras and more security cameras and the last time I heard the
price the price was five thousand for
a camera I don't know if that's still the prize that on of that's accurate but the
camera is static you know and then the problem we have is you need some way of
someone watching
a bunch of static cameras that might have some limited mobility they're easy to
avoid. Other jurisdictions now are starting to integrate drones into the use of
their policing their fire fighting their their streets department their
L.
And I and other types of services when they are when they're when they're integrated
in that way for example one of the problems that we have with limited availability
of personnel is for example when three fire alarms go off you have to pick which
one you're going to and drones may be helpful in saying that this is
a false alarm something like that. I have complaints as I go through you know
various community entities now doing the heroin opioid I was talking to a neighbor
a very slight gentleman who came in from the suburbs with his wife to Fishtown he
complained that they have drug dealers on his porch that he talked to them
eventually moved to the front of his house and he's trying to hope to get them
across
a corner this gentleman is nobody that should be confronting drug dealers OK but he
has called and called and called the police and he's just frustrated and so one of
the things I thought is you know I know there's a limit
a limited amount of vailable cars and officers but drones also could go out there
they're very well. Marked the light up people see him coming they're good for
moving things around they record they do all that. I think one of the problems as
we even begin this discussion is stop and frisk and I bring up stop and frisk
because Stop and Frisk unfortunately has taken on this new life in our city. And
people asked me Councilman view support stop and frisk as
a crime fighting policy I tell them No I don't stop and frisk is not
a crime fighting policy it's a it's
a evidentiary decision that allows officers when provided.
Reasonable articulable basis that
a suspect should be stopped in investigated but may be armed and dangerous
to stop them and then frisk them to that limited degree and whatever they find is
admissible in court that's what I try to explain every community meaning I go and
on wording wherever I go that you know but anytime somebody says stop and frisk is
a crime fighting policy I said that that's going to be an abuse of the Constitution
you cannot proactively go out and curry these parameters however. The
concern is that the police will abuse drones security cameras or
whatever they have and particular in certain of our communities where they've felt
you know the brunt of what they perceive in what I agree is unconstitutional
actions unknowingly by police officers who may have been encouraged to do so I
don't know to what extent in Philadelphia I kind of recall that was
a policy I know was in New York. It may be
a possible solution that the D.A.'s office has some role as in the charging unit
and for those who don't know
a police officer cannot simply arrest you and then bring in
a court that has to go through. Through it screen through the D.A.'s office with
A.T.F.
Who will look at it objectively based on the information to approve or disapprove
you know the the furtherance the charges and I wonder your thoughts on the use of
drones within the crime fighting area and the possibility that the D.A.'s office
provides the supervision and legal authority that limits civil rights abuses
constitutional pieces certainly Thank you Councilman and you've asked me
a several part law school exam I'll start with the second part first up for it
you've been through
a boxing match. But I want to first thank you for be hearing is that you're
conducting across the city about opioid addiction that we really have to do all
that we can as
a city to address that scourge on our cities so thank you very much from the bottom
of my heart so one you're talking about the use of drones and I would never
consider fought much about drones until our office began working with others
federal agencies state agencies the local police to prepare for the papal visit we
referred to it as pope
a palooza and one of the greatest concerns was the possibility of individuals going
on Amazon and buying
a thousand dollar. Drone and strapping explosives to it and just
flying it to the art museum steps and we were very concerned some cities like San
Francisco and the District Columbia have very strict unmanned aircraft regulations
in Philadelphia at that point I don't think we did so the first time I really began
thinking about drones as
a came to public safety. Your specific question though is really nor related to
just technology in the police department and law enforcement in general and so on
every year I come before council I often say that God bless you I often say that do
we have to have as much technology as
a criminals do. Often they have much more technology than we do.
And so I know Commissioner Ross when he came here you know he's appointed by the
mayor and he had to be very polite maybe with what he said or was limited with what
he said but I have to be
a great advocate for the police department and have to say that I believe that they
deserve more funding for technology more funding for their the police stations
themselves more funding for just the police vehicles. We really need to invest.
In public safety and I look forward to working with the mayor I know he's inherited
a budget in many ways in the parameters from its predecessors but I have to be an
advocate for Commissioner Ross
a fellow central low measure you are myself to do all that and Mr Mosey to do all
that is necessary to keep up what's interesting we talk about the drones are
technology the University of Pennsylvania as a result of
a tragic homicide in the ninety's began investing
a lot of money into public safety in Westwood off in the part of the eighteenth
district and that is significantly reduced crime in that part of eighteenth
district they have sound spotting cameras and when there's
a shot fired cameras are let me go to are the sound came from they employ Allied
Barton Security people on bikes from eight pm until four am and there's very well
lit as is Temple University campus now and so the investment into these
technologies has dramatically changed it's called the ecology of crime you can
dramatically change crime buy and crime patterns by investing in the environment
environmental design. And so I think of course the INS investments in technology
everybody watches C.S.I.
They think that every police car in Philadelphia has cameras and that we don't and
so we need to invest in
a crime lab and over the. Facilities that would allow us to reduce the backlog on
ballistics examinations and D.N.A.
Examination in addition to the drones now the question also goes to the
Constitution and the Fourth Amendment and you spoke also about stop and frisk which
really is just the embodiment of tell you versus Ohio
a case that you studied in law school and so did councilman green when he was
working at the D.A.'s office really the police officer the police often has
a reason logical suspicion to believe that crime is afoot he or she has the
absolute right to pat down that defendant and then if they feel something that as
a result of their police or professional experience is the the you know the form of
a weapon they have a right subject without
a warrant to take that item out of their pocket off their person so we can do
things to ensure that the Constitution is protected that individual liberties of
the defendant and that citizen is not violated at the same time ensuring public
safety do not have a right to privacy as you stand on a street corner with
a gun in your hand and drugs that you're sharing that poison to kill other
Philadelphians but we can't use drones to up you have
a camera have an infrared go into the law into the person's home you know so
there's definitely
a balance that we can strike but if I can say anything and doing all that we can do
to improve and invest in technology for law enforcement in football for you again
will help the taxpayers save money and in the long run will also increase public
safety. Thank you very much thank you Chairman Thank you Councilman chair
recognizes councilman daughter. Thank you Mr Chairman. For for driven.
Twenty four to twenty fifth. Somebody is really
what. Certainly counts are not.
Should my responsibility trying to cooperate answer questions with counsel but the
asset forfeiture back to the comment of Pennsylvania really prohibits the district
attorney from sharing with miscible funders what those totals are out of
a fear that this will governments will defund prosecutors and law enforcement
across the state for that I can say I believe that we have brought in about fifty
percent less in the last two years than previously as a result of
a lot of different factors from us not being able to sell it option some of these
items like cars or gold teeth of people at the amount that we used to get and those
seem silly but that's the truth and also US employing. And putting in place
protocols in our office to take into consideration the public's concern of us God
bless you again the public's concern of us taking homes of innocent third
parties and so we have instituted policies in our office that have reduced the
number of those types of cases but at the same time councilman recognizing that
almost daily we get calls from citizens from taxpayers from council members and
your constituent services reps that Philadelphians are afraid of drug dealers and
people selling drugs out of homes that they want to shut down a crack house or
a house of ill repute that they want something done and so we are. Caught in that
place of trying to work with the department license and inspections the police to
ensure that those crack houses are shut down but I would like to to give
a better answer to you in
a more full answer when George Mosey the first assistant dancer he for many years
was the deputy on the Cox division handle all of our asset forfeiture issues
someone asked him to give
a more defined answer to. The drastic decrease in the
amount of money that's been recovered by virtue of seizing and then liquidating
assets that were taken from drug dealers I think we all need to remember that the
district attorney's office is not the sole recipient of such money that we share
that with the seizing entity whether it's the police department or if it was what
is that split proxy well with the Philadelphia Police Department sixty forty sixty
going where sixty going to the police department and forty going to the D.A.'s
office and with other entities commensurate with the involvement of the entity and
the investigation or actions that resulted in the siege. Well I would then assume
that you would project lower forfeiture revenues going forward yes.
Small amounts of cash and I might use
a threshold about fifty dollars. Anyway or not fifty five hundred dollars as I
continue doing or. It depends on the case. The
filing of
a petition is an expensive proposition but sometimes litigating those matters
is an expensive proposition so
a determination is made based on those factors. And. You
touched on it but I just want to get
a more definitive answer do you plan to continue forfeiting forfeiture property
from people who have not been convicted of crimes or already had parents
grandparents or so over there and sisters who had it always hurts when you say
grandparents. But the fact is that if those people are complicit
or they are allowed their property to be used to facilitate
a drug then that property is subject to being forth and what's your definition of
a mile I mean well I think that's where there is an opportunity for movement in
terms of reforming forfeiture OK we've even talked about
a standard that would cause us to have to prove beyond
a reasonable doubt that someone was not an innocent on at this point it's by
a preponderance and it A C L U S A report that shows seventy one percent of the
innocent or third party victims who lose cash through forfeiture. Are
African-Americans. Unfortunately I would think that the numbers are probably
consistent with the number of people who are arrested for drug offenses and also
unfortunately those numbers are consistent with the number of people who are the
victims of violent crime. And I have one additional question the state
legislature I think you alluded to is considering dramatically curbing the
authority to conduct civil asset forfeiture do you have
a stance on that it was like I think it would be the biggest mistake we could make
if you think about a crack house and what happens to a community where
a crack house exists and if you think about just arresting people and never doing
anything about the size of the operation in which you're talking about is
perpetuating that activity without making
a dent and the crime that's the source of all the violence that makes property
values go down. I believe that if you look at the history of asset forfeiture and
consider where we would be if we had taken properties. The city would have gone to
hell in
a handbasket. Thank you very much Mr Chairman I Sec your counsel and chair recognizes
counsel them bloody well. That. There ARE YOU Yes
Good to see you and thank you for all that. We're very very grateful I
never had the space but I miss. You how there was
a great boxer here THANK YOU THANK YOU THANK YOU I mean this about victim witness
this to all. And to but they all judge by saying.
They all get to say because some mayors they see work or I'd. Be
put on here for. Well so our office is
a primary funder for geographic based victim service organizations throughout the
city. And so you know they do
a tremendous job I think serving the victims when they come to court it's
a very difficult job and we provide
a lot of them we we need them and so if your question is are is are veering away
nge you know does one provide better services in the other that's quite possible we
have
a very rigorous review every year John Delaney who is the deputy my trial division
is here he intended Levin who is charge of victim services in our office lead
a committee that reviews all the applications. And I'm very confident in the review
that we give There are
a lot of organizations that I wish we could fund I wish we could give money to.
The mothers. You know the last children right right mothers in charge and Dorothy
Johnson speak right I wish we could give money to
a lot of great organizations but we have
a limited budget but the majority of our budget that goes towards something other
than salaries
a lot of office goes towards funding those organizations and those organizations do
Hercules job with the task that they have. OK thank you I
follow up if I get the other question thank you certainly thank you control. Chair
recognizes counsel agree. Thank you Mr Chair I just want to fall for one
of the question. Earlier we were talking with the purchase of district and they are
talking about creating a first as
a district kind of elder Center and this PASOK rollout sometime in the early
to mid summer and hopefully have
a fully up and running by the fall I know if I'm I'm standing in your office you
also have an elder. Of this crane that A.B.A.
This specifically does need to work on Elder issues. With mystics and yes so our
family bonds and sexual assault unit handles the majority of cases in which family
members and unfortunately in Philadelphia the majority of people that commit crimes
against the elderly are family members just like ninety percent of the people that
commit sexual offenses against children are known to the family members yes but Ms
Nixon handles all the majority of the economic cases that are
a result of elder abuse and we go out and provide
a lot of support to community groups that want to come out and talk to them as well
and we look forward to working with the first judicial district in the roll out of
this facility where one of reason I want to bring that is by the hearing and.
Housman Tom Burke and I He's the chair of the Council on the vice chair and we've
been discussing having conversations and having hearings in the fog regarding
financial fraud issues special reference to seniors or as my dad was
a seasoned citizens always had conversations with a R.P.
I just learned of Africa this district and their elder unit as well as will
hopefully we can work with this praise office in that regard what we have is
hearings and really get the word out one of the things that a R.P.
Does is have telephone town hall meetings for those who are seniors they have
mobility issues and we hope to use that technology in our hearings possibly to fall
right in the majority as crimes Council in our various forms of identity theft but
where people prey on seniors honesty and like my mother you know people call my
mother soliciting her and she's so wanting to talk they end up hanging up on her
right but people calling get information from seniors we ought to tell them not to
give anyone your your age your date of birth your Social Security number your
driver's license over the telephone but. Majority those people are victims of
identity theft for people to get that information and then use it where people will
it will send someone
a credit card or pre-approved credit card and the senior citizen of the season
citizen doesn't want it but doesn't know that they should shred it before they put
it into the trash and often dumpster divers get those call in the one eight hundred
number and then go on
a shopping spree at the you know King of Prussia Mall and that person is left with
the deteriorated the deleterious. You know bank account credit card and
credit score. Also in one of my previous capacities I was
a board chair present in the park and recently a senator part receive
a contract for the of
a corporation of aging the service I mean for senior centers. Northwest Northeast
but off to let the a memory system your senators know that you have
a third party entity you can reach out to breakfast or any type of abuse that you
may be having both at home or that senior center has your office and that you that
work with any of the students that represent the city where they get information of
reference to abuse and some of the abuse may rise in level of criminal Have you any
contact with them at all I believe that Ms Nixon that I've found in price who does
government and community relations for office use Monique Evans Wescott and
representatives of our various community action centers our community outreach team
which is led by Deputy District Attorney and Pantera Oh do I reach out to all those
various entities for educational purposes and to gather information if necessary
for us to prosecute. To my last question it kind of reflects on
a follow up to the hearings that Councilman Johnson Jones had regarding
use by let Spencer down by libs and I know there's been
a lot of litigation over the years both former councilman Oliver Miller. As
a clock has also been
a bottle of the geisha reference to trying to address through
a legal. Issue. In the city that often though and also accountable to some
degree considering the. Newer makeup of the court talking to the
pensée Supreme Court is there any avenues that could possibly take that regard that
you can think of well I want to thank councilman Clarke for introduction of
legislation that would talk about of course and. Locking guns and keeping the
ammunition safe but again state law pursuant to the comp constitution that come up
the Pennsylvania preempts municipalities legal you know ordinances and so I
think that and I would support I know you'll be hearing from. The city solicitor
solely to wants
a Soon I support the law Department's efforts to. You
know track that legislation and to enforce it as a ism is
a code violation but we cannot include it with
a criminal charge for purposes of you know charging someone with felonies and
misdemeanors but are clearly support the effort and look forward to working with
the council president and I'm going to try to find
a way to buy as many gun locks as possible so that maybe we can give them
a way to as many citizens as possible so we don't have the horrific tragedy that we
do of young folks finding a mom or mom boyfriends a gun and shooting
a sibling. Thank you come to. Work in various ways councilwoman.
Thank you very much Mr Chairman so I wanted to follow up.
Councilman Jones is concerned about victims and witnesses could you clarify this is
just
a very quick question but could you clarify that the funding for the victim witness
agencies will state the saying stable for the coming year yes sure our funding
for the community be victim service organizations. OK
great thank you for confirming that. We've also been really focused on looking at
outcomes for some of the system involved youth as well as
a number of youth homeless issues and particularly interested also in evaluating
our. By contract by provider and I would love to be able to partner with
you on some of these relevant initiatives. With your office but. I was curious
about whether in your work with placement and use the link with the
weather and the folks in your office have talked about. How to ensure that the
programs that we use are effective in achieving our goals and in particular
reviewing some of these providers based on some of the outcomes that they get and
whether. You know for example which he might. You know
are repeat offenders for example or come out and continue to have issues after
being in the care of some of these places and providers I think it's important to
recognize that again we're very thankful to have
a great partnership with Dr Height I go to approximately one or two schools
a week to talk to middle school students now interest will students about staying
in school and about bullying I think bullying is a great way to begin
a conversation with kids about. Crime Prevention about conflict
resolution and by keeping them out of the criminal justice system I'm very thankful
as
a result of the leadership of George moseying that our office now files juvenile petitions
less than two thirds of the numbers that we did in the past. As George did follow
up and give you
a little more detail but we're trying to as much as we can we try to get federal
grants so that we can use empirical data and analyze what we do at the
district attorney's office in conjunction with analyzing what other providers do
and so we're constantly trying to do that but I would like George to answer as I
said he was
a deputy our juvenile division talking about those providers and what we're doing
George prosecutors in our office are required to stay with the case from its
inception to the and that means that any time
a young person is placed there will be review hearings and we have
a prosecutor present. For each and every one of those reviewed what's important is
that we have. It so that every prosecutor who's handling
a review hearing knows what happened before that require that these agencies
provide reports now in conjunction with the Department of Human Services we make
sure that the reports indicate that the youth has been receiving the services that
the agency promised. What we do with Department of Human Services and.
Juvenile Justice. And those meetings are appropriately called the CT
community services providers to review these providers to build sure that they're
holding up the end of the bargain if they're not then we will cut off referrals Yes
so for clarity one of the issues that we're trying to understand
a little bit better is not just that the providers actually fulfill the contract IT
services because otherwise I would clearly make them an eligible but to try and
assess in some way the quality of some of these providers and that there's been
a little bit of concern on on my part in particular about one provider specifically
meant Atlanta. And what it's outcomes have been for young people and its treatment
of young people in their care and D H S has made some indication that that they
the have some level of understanding about what outcomes might look like but it's
not clear whether they share it with the different areas and your department in
particular would be able to track some of these you particularly if they do repeat
offenses or have other kinds of issues that will come under you and I guess part of
it is being able to work with different agencies to be able to retrack and be able
to do
a good assessment of the types of providers that. We're doing these are expensive
this state placement where young people go away from their families and we want to
make sure and ensure that the outcomes that these providers have are the kinds of
quality outcomes that we want to see if that would just like to be able to continue
this conversation with your office on that level but I have to say that whenever
you're talking about outcomes in juvenile justice that relate to what happens after
somebody goes into placement remember that after cheer and reentry is critical and
so before you put all the blame on the placement facility make sure that we had
adequate reentry program because that's where we sometimes go wrong and it would be
unfair to blame the negative outcome on the placement so yeah well I mean those are
those are things that we need to review and take
a look at in terms of assessing whether those contracts will fell all the mission
that they need to be doing as well and I think that that's
a big gray area but would love to be able to work with your office on the absolute
thank you very much. Thank you councilwoman Are there any other questions for the
district attorney before. We take
a break I just want to say. A couple things quick before we we end this this
hearing here you know in regards to. The the conversation and your attention to the
seniors and. Victimized in many many different ways intimidation.
You know in person Nations Bank for. It's horrendous and I think it's
a disgrace the right thing. That seniors have to be fearful and that we have to
to continue to sharpen our tools you know the criminals use their
technology to further victimize you know the general public and in the most
vulnerable we would which or witch or senior So you know I would love to work. If
your office and figure out ways help to elevate the circle it is search fresh older
victim a senior victim of crime be elevated to
a crime here in the city of Philadelphia so I look forward to having those
conversations in the future I want to thank you and your team for being here and
answer you know some uncomfortable and tough questions but I thought it was very
thorough and you know appreciate your several hours here in our chambers Thank you
know their counsel like to thank you all members of council and thank council
president Clarke for his own going partnership with us to keep the city safe and
again while my name is on the letterhead on the windows at our office I have
a small role to play at our office I really want to thank again the six hundred men
and women that work in our office they do the hard work every day and for my
preparation for today's testimony I want to specifically thank Doreen Rooney who is
our Chief Financial Officer and Greg Roe thank you very much for this opportunity
Greg thank you thank you Walt I want to thank the court reporter for her extended
time here with that
a break at with that we at the committee that all will go on recess until two
thirty Thank you. Thank you very much.